McVeigh v Chieftain Trailers Ltd (Breach of Contract Unfair Dismissal) [2022] NIit 22995_19IT (11 March 2022)

McVeigh v Chieftain Trailers Ltd (Breach of Contract Unfair Dismissal) [2022] NIit 22995_19IT (11 March 2022)

The claimant’s claims were brought outside the applicable statutory time-limits and, in the absence of evidence from the claimant to show it was not reasonably practicable to bring his claims within the time, the tribunal could not exercise discretion to extend time. The tribunal therefore lacks jurisdiction.

Source-derived case information.

Citation
[2022] NIit 22995_19IT
Parties
Claimant: Conor McVeigh; Respondent: Chieftain Trailers Ltd
Jurisdiction
Northern Ireland
Judgment Date
11 March 2022
Procedural Posture
Industrial Tribunal / Preliminary Hearing
Outcome
Claims dismissed
Legal Topics
Unfair Dismissal, Breach of Contract, Jurisdiction, Statutory Time Limits
Employment Law Unfair Dismissal Breach of Contract Jurisdiction Statutory Time Limits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Conor McVeigh

Claimant

Chieftain Trailers Ltd

Respondent

Procedural Posture

Industrial Tribunal / Preliminary Hearing

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the claimant’s claims of unfair dismissal and breach of contract by reason of the claims having been brought outside the applicable time-limits
  2. 2 Whether time should be extended to confirm jurisdiction on the tribunal and to enable the claimant to continue with his claims

Ratio Decidendi

The claimant’s claims were brought outside the applicable statutory time-limits and, in the absence of evidence from the claimant to show it was not reasonably practicable to bring his claims within the time, the tribunal could not exercise discretion to extend time. The tribunal therefore lacks jurisdiction.

Court Disposition

Claims dismissed

Orders

  • The claimant’s claims are dismissed in their entirety